HomeMy WebLinkAboutOrdinance No. 09-19781•
MICROFILMED 3.14 °80
ORDINANCE NO. 9 -78 ✓'
AN ORDINANCE RELATING TO GARBAGE AND TRASH
COLLECTION, REQUIRING GARBAGE RECEPTACLES,
PRESCRIBING LOCATION AND CONDITION OF SAID
GARBAGE RECEPTACLES, ESTABLISHING REGULATIONS
FOR PICKUP AND REMOVAL OF GARBAGE AND TRASH;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Definitions: For the purpose of this -- Ounce, the
following words and terms shall have the following meanings:
(a) Approved Container shall mean industrial containers as defined
herein, and trash cans provided by customer and acceptable to
the City.
(b)
Bulk Container shall mean a fifty -five (55) gallon drum supplied
by the City for temporary storage of refuse or trash at street
and beach locations and other City recreational facilities.
(c) Business shall mean and include all retail, professional,
wholesale and industrial facilities and any other commercial
enterprises offering goods or services to the public.
(d) Commercial shall mean and include all dwellings and businesses
serviced by an industrial container of two (2) cubic yards
capacity or greater.
(e) Containerized business shall mean and include any business,
multi- family dwelling or other structure whose garbage and /or
trash is deposited in an approved container for removal by the
Collector.
(f)
(g)
Duplex shall mean and include a detached two - family dwelling
designed or intended for occupancy by two (2) families.
Garbage shall mean and include all waste and accumulation of
animal, fruit or vegetable matter that attends, or results from
the preparation, use, handling, cooking, serving or storage of
meats, fish, fowl, fruit, vegetable matter, of any nature what-
soever, which is subject to decay, putrification, and the
generation of noxious and offensive gases or odors, or which may
serve as breeding or feeding materials for flies and /or other
germ carrying insects.
(h) Hazardous materials shall mean wastes that are hazardous by
reason of their pathological, explosive, radiological or toxic
characteristics.
f:
MICROFILMED 3 -14 -80
..
(i) Horticultural trash shall mean accumulation of lawn, grass
or shrubbery cuttings, or clippings and dry leaf rakings,
palm fronds, small tree branches (shall not exceed four (4)
feet in length and thirty (30) inches in diameter), bushes or
shrubs, green leaf cuttings, coconuts, fruits or other matter
usually created as refuse in the care of lawns and yards,
except large branches, trees or bulky or non - combustible
materials not susceptible to normal loading.
(j) Individual containers shall mean an individual twenty (20) or
thirty (30) gallon container provided by the resident for
temporary storage of refuse.
(k)
Industrial shall mean establishments generating waste
accumulation of metal, metal products, minerals, chemicals,
rock, cement, asphalt, tar, oil, grease, glass, crockery,
rubber, tires, bottles, cans, lumber, sawdust, wastes from
animal packing or slaughterhouses or materials usually
created by industrial enterprises.
(1) Industrial container shall mean a two (2) cubic yard or larger
container which can be emptied by mechanical means.
(m) Multi - family dwelling shall mean and include any building or
structure containing four (4) or more contiguous living units
and intended exclusively for residential use by single persons
or families.
(n) Non - containerized business shall mean and include any
dwelling, business, apartment or other structure whose trash
is deposited and collected by means other than a container.
(o) Refuse shall mean a combination of garbage, horticultural
trash and small pieces of materials which are containerized
for routine pickup.
Single - family residence shall mean and include a detached
single- family dwelling designed or intended for occupancy by
one (1) person or by one (1) family.
Special material shall mean those bulky materials or other
special wastes that are not stored in approved containers and
are not routinely generated in residential areas.
(r) Trailer parks shall mean and include any group of two (2) or
trailer lots operated as a commercial business to provide
parking for mobile homes as living units.
(s) Trash shall mean a combination of large horticultural trash
and material which by the nature of its size cannot be
containerized.
43)
(q)
(t) Triplex shall mean and include a detached three (3) family
dwelling designed or intended for occupancy by three (3)
families.
ORDINANCE NO. 9 -78
PAGE 2 OF 8 PAGES
MICROFILMED 3.14-30
SECTION 2. Garbage receptacles to be provided:
(a) All owners, residents and all occupants of any residential
unit and the owner, user, manager or occupants of any
multiple dwelling unit, or of any place or business or
commercial establishment within the City are hereby
required to provide a garbage receptacle to hold four (4)
days accumulation of garbage.
(b) In lieu of individual garbage receptacles, an industrial
container or containers may be used. Said container shall
be provided by the collector and the City Manager shall first
determine whether or not an industrial container shall be
provided to any owner, user, manager or occupant so
requesting an industrial container. Multiple dwelling units
containing less than ten (10) units may be provided an
industrial garbage container at the discretion of the
City Manager. All commercial establishments, establishments
other than professional offices or other offices shall be
required to have mechanical containers at the discretion
of the City Manager.
Single family residences, duplexes and triplexes shall not
be permitted to use industrial containers.
(c) It shall be the duty of the owner, manager, tenant or
occupant of any multiple dwelling unit to furnish or see
that each unit with cooking facilities of said multiple
dwelling is furnished or supplied with a garbage receptacle
or receptacles or industrial container or containers
adequate and sufficient in size to comply with the terms
of this ordinance. All such receptacles or containers
shall be kept tightly covered at all times except when
it is necessary to lift the cover for disposal or removal
of refuse or to deposit refuse therein. It shall be
unlawful for any person to deposit refuse in such amount
in the receptacle or receptacles or industrial containers
that will not permit the cover thereof to be kept tightly
in place.
SECTION 3. Residential garbage, refuse and trash pickup conditions:
(a) Residentail garbage. All garbage receptacles shall be
located so that they are easily accessible by the Collector
and shall not weigh more than forty (40) lbs. No collection
of garbage will be made by the Collector within any fenced -
in yard, closed enclosure, or where the collector would be
exposed to a potentially vicious animal. It shall be the
responsibility of all owners and residents and all occupants
of single or multiple family dwelling units with such
fenced -in yards or enclosed areas to place the garbage
receptacles in an area which is easily accessible to the
collector on collection days.
(b) Residential trash or rubbish collections. Horticultural
trash, household trash and rubbish collections will be
made at the front property line adjacent to the street.
Accumulations of grass, leaves, greenleaf cuttings, fruits
and similar loose materials shall be placed in bags, boxes,
or otherwise containerized for ease in handling.
Collector shall be required to pick up no more than one
large piece of furniture or appliance per residential
dwelling unit at regular pickup. Accumulations in excess
of this requirement shall be collected as otherwise
provided in this ordinance.
ORDINANCE NO. 9 -78
PAGE 3 OF 8 PAGES
1
1
1
1
aFtra
M CROFILMED 344•80
No.
(c) Location of garbage receptacles. Garbage receptacles
shall not be located in such places or under such
conditions as to cause unnecessary or unreasonable
offense to sightliness, cleanliness, safety or other
sanitary conditions. They shall not be kept upon
neighboring property, not in the ownership or tenancy
of the person by whom the garbage was accumulated,
whether such neighboring property be vacant or improved,
without the written consent of the person having the
right to possession and use of the property. No garbage
receptacle or industrial container shall be placed on
any City right -of -way, except for immediate pickup.
The City Manager may make an exception to location of
an industrial container or garbage receptacle on any
City right -of -way, in writing. Industrial containers
shall not be placed in such manner as to hinder the
closing of container lids.
(d) Obstruction. It shall be unlawful for any person to park
a motor vehicle in such a way that the collector cannot
service industrial containers or otherwise block access
to such containers.
(e) It shall be unlawful for a person to place refuse in a
container assigned to another address, without written
permission of the owner.
SECTION 4. Burning or burying of garbage, horticultural
trash, household trash and rubbish: It shall be unlawful for
any person to bury garbage, horticultural trash, household trash
or rubbish which is or is reasonably likely to become a nuisance
or menace or threat to the health of residents within the City.
No such garbage, horticultural trash, household trash or
rubbish shall be burned within the corporate limits of the
City of Cape Canaveral, unless approval has first been obtained
from the City Manager.
SECTION 5. Proper disposal of garbage as a prerequisite
to collection: No removal or collection of garbage and refuse shall
be required by the Collector from any premises within the City,
unless the garbage and refuse is deposited in a proper receptacle
as herein defined, and the owner or occupant or person responsible
for using said premises shall be prosecuted for non - compliance.
ORDINANCE NO. 9 -78
PAGE 4 OF 8 PAGES
M1CR6-
F6LMED 344-80
SECTION 6. Unlawful accumulation: It shall further
be unlawful and a violation of this ordinance for the owner
and /or occupant or manager or person responsible for any land
or premises to permit, suffer, allow, either by commission
or omission any accumulation of garbage, horticultural trash,
household trash and rubbish, or industrial waste, upon
premises or property within the City of Cape Canaveral for a
period longer than four (4) days without having arranged for
disposal of said accumulation by the Collector to perform such
services and it shall be unlawful and a violation of this
ordinance for any person, whether owner, manager or occupant
of any premises, to fail to provide a sufficient number of
containers or receptacles per unit as provided herein, to amply
provide for any four (4) day period of garbage, horticultural
trash, household trash or rubbish. Nothing herein contained
shall prevent the owner or occupant, manager or person respons-
ible for said premises to remove accumulations of horticultural
trash, household trash or rubbish or industrial waste, himself,
to a proper place of disposal. In the event that removal of
excess accumulations are arranged with the Collector, the rate
charged by the Collector shall be negotiated and shall be paid
in advance as may be required by the Collector.
SECTION 7. Unlawful disposal: It shall be unlawful to
deposit or dispose of garbage, horticultural trash, household
trash, rubbish or industrial waste upon the premises of another,
or upon any street, alley, parkway or other public property,
or any canal, ditch, water, waterway, river, ocean, sandbed,
pool, pond or the like, within the City, or in the receptacle
of another, except that tenants of multiple dwellings or
businesses, where authorized, may deposit such accumulations
in receptacles upon which the owner or manager of said multiple
dwelling, apartment, or business building has authorized for
the use of the tenants by the owner or manager thereof.
ORDINANCE NO. 9 -78
PAGE 5 OF 8 PAGES
M ICROF ILMED3.14
SECTION 8. Transfer of garbage or trash over public
streets: Unless a person shall have been specifically authorized
and licensed by resolution of the governing body to do so, it
shall be unlawful for any person to transport garbage,
horticultural trash, household trash, rubbish or industrial
waste through or over the public streets or alleys of the City,
except as otherwise provided in Section 6 hereof. This
provision shall be literally construed to protect the public
health, safety and general welfare.
SECTION 9. Complaint procedure: The Collector is obligated
to promptly respond to all complaints concerning the quality
or absence of collection service. All complaints with regard
to refuse and trash collection service directed by this ordinance
shall be made to the City, and subsequently directed to the
Collector by the City Manager.
SECTION 10. Penalties: Any person who fails to comply
with this ordinance, or who violates the same, or who creates
or maintains garbage, horticultural trash, household trash or
rubbish, shall be considered as having violated this ordinance,
and upon conviction in a court of competent jurisdiction, shall
be punished by a fine not to exceed $250.00 or imprisonment
not to exceed ten (10) days, or by both such fine and
imprisonment.
SECTION 11.
(a) Schedule of fees: The owner of any residence or
commercial building within the City of Cape Canaveral, Florida,
shall pay the following fee as provided for in Section 2 hereof:
1. Single Family Residences and Duplex living
units at $3.85 per living unit per month.
2. Mobile Home Units at $2.60 per living unit
per month.
3. Individual Apartments or Condominium Units
at $2.60 per living unit per month.
4. Individual commercial business accounts with
individual containers at $4.70 per month not to exceed
3 industrial containers per pick up.
5. Commercial businesses, Apartment Complexes and
Condominiums using industrial containers at $11.65 per
container yard per month.
ORDINANCE NO. 9 -78
PAGE 6 OF 8 PAGES
•
M1CR0FILME 3.14=80
... _,....... ,.,.,,Lr: alb
6. Special Collection Services at $1.65 per container yard
per pickup.
7. Items requiring special handling due to size, weight,
type of material or method of placement at a price to be negotiated
between the collector and customer prior to collection.
8. Rates for services not provided for in this ordinance
shall be determined by the City Manager, based on rates provided
herein for similar types of services.
9. A 25¢ billing charge shall be added to each bill sent by
the City.
The above initial schedule of fees is subject to revision from time to
time as may be necessary, and all subsequent revisions shall be by resolution
of the City Council of the City of Cape Canaveral.
(b) Failure of users to pay for fees in the preceding subsection within
thirty (30) days of the billing date shall be a violation of this .ordinance. h1
addition, the City shall have the right to seek enforcement and collection of
the overdue fee through civil proceedings in a court of competent jurisdiction,
including a reasonable attorney's fee and costs, if such civil action is
necessary.
053
(c) All fees becoming due and payable on or after the effective date
of this chapter shall constitute and are hereby imposed as a special assess-
ment lien against the real property and personal property aforesaid, and
until fully paid and discharged, shall remain liens equal in dignity with the
City's ad valorem taxes, and superior in rank and dignity to all liens,
encumbrances, titles and claims in, to or against the real property involved.
Such fees shall become delinquent if not fully paid within thirty (30) days after
the due date. All delinquent service charges shall bear a penalty as follows:
Single family, duplex and triplex. - $1.00 per month from due date;
All other residential - $1. 00 per month from due date;
Commercial - $5.00 per month from due date.
Unpaid delinquent service charges, together with all penalties imposed
thereon shall remain and constitute special assessment liens against the real and
personal properties involved. Such special assessment liens for garbage fees
and penalties shall be enforced by any of the methods provided inChapter 86,
Florida Statutes, or in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions of Chapter 173, Florida Statutes,
or the collection and enforcement of payment thereof may be accomplished by
any other method authorized by law.
(d) In addition to the collection procedure and foreclosure procedure
established in the preceding subsections, the City Manager is hereby
empowered to discontinue water and /or sewer service to the owner of any
residence, commercial building or establishment who fails to pay the monthly
garbage charge as provided for in this subsection.
(e) Each condominium association within the City of Cape Canaveral
will be responsible for the monthly condominium garbage fee provided herein.
ORDINANCE NO. 9 -78
PAGE 7 OF '8 PAGES
MICROFILMED 3.14 -3O
SECTION 12; Authority of City to collect: Nothing contained in this
-ice shall be construed to prevent the City from creating or acting as
its own garbage and /or trash collection or disposal service or facility,
either independently, exclusively or in conjunction with others.
SECTION 13: Legislative intent: If this ordinance or any section
hereof, or any sentence, phrase or word be declared illegal or unlawful
by a court of competent jurisdiction, it is the intent that such illegal word,
phrase, sentence or section shall not affect the legality of the remainder
of this ord7ce.
SECTION 14: Ordinances in conflict herewith are hereby repealed.
Ordinance No. 5 -74 and all amendments thereto, and any other ordinance
or resolution in conflict with this ordinance are hereby repealed.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 16
day of
May , 1978
:first Reading, 5 -2 -78
Posted: 5 -3 -78
5 -8 -78
w +
i ;remised: 5 -16 -78
Second Reading:
ORDINANCE NO. 9 -78
PAGE 8 OF 8 PAGES
99C